Terms & Conditions
ORTHOTIC CENTRE – TERMS OF TRADE
These terms and conditions (“Terms”) are applicable to all interactions between you (“Client”) and the Orthotic Centre (N.Z.) Limited (“Orthotic Centre”).
1.1 In these Terms, the following words have the following meanings:
Price means the price of the Services and (where applicable) the Products ordered in connection with the Services or otherwise.
Products means the custom-made or prefabricated supports, braces, garments and/or other orthotic products provided or to be provided to the Client by the Orthotic Centre.
Services means the consultations, assessments, fitting and/or prescription services provided by the Orthotic Centre’s orthopaedic specialists and/or orthotists.
Terms means these terms of trade, as amended from time to time.
2.1 The Orthotic Centre agrees to provide the Products and Services and the Client agrees to pay the Price in accordance with these Terms.
3. Price and Payment
3.1 To the extent that the Price is not payable to the Orthotic Centre by Accident Compensation Corporation, Ministry of Health, insurance providers or other healthcare agencies, the Client agrees to pay the Price (to the extent not payable by any of the aforementioned third parties), along with any applicable taxes and additional fees specified by Orthotic Centre from time to time, to the Orthotic Centre as follows:
In respect of the Services:
(a) Payment by electronic banking, EFTPOS, or credit card immediately upon the conclusion of each appointment.
(b) In instances where the Client is a hospital in-patient and cannot make payment under subclause (a), an invoice will be issued by the Orthotic Centre following the provision of the Services and the Client will pay the invoice on or before the 20th of the month following the date of invoice.
In respect of the Products:
(a) An invoice will be issued by the Orthotic Centre for the Price of the Product at the time the Client places an order for the Product. The issue of the invoice shall also be treated as confirmation of the order placed by the Client. The invoice shall be payable as follows:
(i) The Client will pay a deposit of a fixed amount of the Price (being an amount advised by Orthotic Centre to the Client at the time the Client places an order for the Product) by electronic banking, EFTPOS, or credit card immediately upon the Client placing an order for Product. The deposit is non-refundable, except where the Client cancels its order in accordance with clause 5.1(b).
(b) The Client will pay the balance of the Price of the Product:
(i) by electronic banking, EFTPOS, or credit card immediately upon the conclusion of the appointment in which the Product has been correctly fitted to the Client by the Orthotic Centre; or
(ii) on or before the 20th of the month following the date of invoice where:
- The Product is delivered to the Client’s address in accordance with clause 7; or
- The Client fails to attend an appointment scheduled for a fitting and delivery of the Product and does not reschedule the appointment within 2 working days of the missed appointment or fails to attend the rescheduled appointment.
(c) In instances where the Client is a hospital in-patient and cannot make payment for the Product the under subclauses (a) and (b) above, the Client will pay the full amount of the invoice on or before the 20th of the month following the date of invoice.
3.2 All amounts payable under these Terms are in New Zealand dollars and are exclusive of, and plus GST. Payments will be made in clear funds, free of any counterclaim, set-off, deduction or other claim whatsoever.
4. Consequences of non-payment
4.1 If the Client (or relevant third party as applicable) fails to pay any monies in accordance with these Terms, the Orthotic Centre may (without prejudice and in addition to any other remedies available to it):
(a) Charge interest on all overdue amounts at a rate of 10% per annum calculated on a daily basis until it is received in full.
(b) Recover from the Client any damage, losses, costs and expenses (including legal costs between solicitor and client) and debt collection fees incurred by it in connection with the recovery of an overdue debt;
(c) Suspend or cancel the provision of any further Products or Services to the Client;
(d) Terminate these Terms in accordance with clause 12.
5. Cancellation of Products or Services
5.1 The Client must give:
(a) No less than 48 hours’ notice of their cancellation of an appointment for a Service, either by telephone or email to the Orthotic Centre. Failure to notify within that time frame will result in a cancellation fee equivalent to the Price for the Service; and
(b) No less than 24 hours’ notice from the placement by the Client of an order for Product, of the cancellation (or change to) any Product order, such notice to be given by email or otherwise in writing to the Orthotic Centre. Failure to notify within that time frame will result in the Client being liable for the payment of the balance of the Price for the Product.
6. Product orders and recalls
6.1 Where a Product is required to be sourced from a third-party, the Orthotic Centre will use its reasonable endeavours to source and supply the Product but cannot guarantee such.
6.2 The Client agrees and acknowledges that the Orthotic Centre may be unable to source Products from third party manufacturers or suppliers from time to time. In such cases, the Orthotic Centre will notify the Client in respect of substitute Products available.
6.3 In the event of a Product recall, the Orthotic Centre will notify the Client as soon as reasonably practicable on the details of the recall and actions to be taken.
7. Delivery, title and risk
7.1 Except as set out in clause 7.2, title to and risk in the Product will pass to the Client once the Product has been correctly fitted to the Client by Orthotic Centre.
7.2 The parties may agree from time to time that the Orthotic Centre will deliver or arrange for the delivery of Products to the Client. Title and risk in the Product will pass to the Client upon delivery of the Products to the address provided by the Client to Orthotic Centre. The Client will be responsible for all charges incurred in the delivery of the Products.
8. Consumer legislation
9. To avoid doubt, the parties agree that these Terms do not constitute a “consumer credit contract” as defined in the Credit Contracts and Consumer Finance Act 1993.
9.1 Subject to the guarantees provided under the Consumer Guarantees Act 1993, to the maximum extent permitted by law, the Orthotic Centre provides no other warranties, representations or guarantees (either express or implied) regarding the Products or Services, or the results to be achieved from the use of the Products or Services.
10. Confidential Information
10.1 All intellectual property and other information which by its nature is intended to be treated as confidential will be confidential information for the purposes of these Terms. Unless expressly provided for under these Terms, no party will disclose any confidential information to any third party without obtaining prior consent.
11.1 The Client agrees to the Orthotic Centre collecting, storing, using and disclosing their personal information (including health information) for purposes related to the Orthotic Centre’s dealing with the Client (including but not limited to the purposes of the supply of Products and Services).
11.2 The Client authorises the Orthotic Centre to access, obtain from and disclose their personal information (including health information) to third parties including but not limited to Accident Compensation Corporation, Ministry of Health, insurance providers, Product manufacturers and suppliers and healthcare agencies in connection with the provision of the Products or Services.
11.3 The Orthotic Centre will comply with the provisions of the Privacy Act 1993 and the Health Information Privacy Code 1994. The Client may at any time request access to and the correction of their personal information.
12.1 The parties may at any time mutually agree in writing to terminate these Terms.
12.2 If the Client fails to pay any monies owing, becomes insolvent, bankrupt or is otherwise in breach of these Terms, the Orthotic Centre may (without prejudice to any other remedies available to it) notify the Client of the breach and, if the breach is capable of being remedied, the requirement to remedy. In the event of failure to remedy the breach within 10 working days of the notice, the Orthotic Centre may (without prejudice to any other remedies available to it) suspend the provision of further Products and/or Services or terminate these Terms.
12.3 Termination or expiration of these Terms will not affect the rights and obligations of the parties accruing prior to termination or expiration or those rights and obligations intended to survive the termination or expiration. Any outstanding monies on termination will immediately fall due and payable to the Orthotic Centre.
13. Limitation of liability
13.1 To the maximum extent permitted by law:
(a) the Orthotic Centre’s liability (whether at law, in contract or otherwise) in connection with the Products and the Services or otherwise under these Terms is limited to its liability or obligations under the Consumer Guarantees Act 1993 and shall not in any event exceed the Price payable by the Client for the Product or Service to which the liability relates.
(b) the Orthotic Centre will not be liable to the Client for any special, indirect or consequential loss or damage suffered or incurred by the Client in connection with the Products or the Services or otherwise under these Terms.
13.2 The Orthotic Centre will not be liable for any advice, information or instructions provided by third parties (including without limitation medical practitioners and other healthcare specialists) in respect of the Products or Services.
14. General Provisions
14.1 Assignment: The rights and/or obligations of Orthotic Centre under these Terms may be assigned or novated by Orthotic Centre to any person. The Client may only assign its rights and/or obligations under these Terms with the prior consent in writing of Orthotic Centre.
14.2 Subcontracting: The Orthotic Centre may subcontract any of its obligations in respect of the manufacture and supply of the Products to third parties but shall remain liable to the Client for the performance of its obligations under these Terms.
14.3 Relationship: These Terms do not create any relationship of partnership, agency, employment or joint venture between the Client and the Orthotic Centre.
14.4 Severability: If any part or provision of these Terms are held to be invalid, illegal or unenforceable for any reason, that part or provision will be deemed to be deleted from these Terms and the remainder of these Terms will continue in full force and effect.
14.5 Waiver: A failure, delay or indulgence by any party in exercising any power or right will not operate as a waiver of that power or right, unless in writing.
14.6 Force Majeure: Orthotic Centre will not be liable for any delay or failure in the performance of any of the obligations imposed by these Terms, provided that the failure is beyond the reasonable control of Orthotic Centre. This clause does not excuse the consequences of insolvency, financial difficulty or the non-payment of monies due.
14.7 Variation: The Orthotic Centre may from time to time amend these Terms by posting the amended Terms on its website located at www.orthotics.co.nz and www.orthoticsactive.co.nz or otherwise notifying the Client in writing. The amended Terms will be effective immediately when posted on the website or when notified to the Client in writing (as applicable) and the Client’s continued use of the Services and Products will constitute their agreement to the amended Terms.
14.8 Notices: Notices under these Terms will be sufficiently given if posted or successfully transmitted by email to the intended recipient at their last known address. The Orthotic Centre’s address is provided on its website. The Client will notify the Orthotic Centre of any change to their notification details.
14.9 Entire Agreement: These Terms constitute the entire agreement and understanding between the parties in relation to the provision of the Products and Services and supersede all prior discussions and agreements covering the subject matter of these Terms